THE Makurdi division of the Federal High Court has dismissed a suit filed by Bernabas Gemade against the All Progressives Congress (APC) challenging the gubernatorial primary elections that produced Rev. Fr Hyacinth Iormem Alia as the 2023 gubernatorial candidate of APC in Benue State. Delivering judgement on the preliminary objections by S I Ameh (SAN) and FB Mnyim, counsels for Alia and APC respectively, Honorable Justice Abdul Dogo, declared that the plaintiff filed his case out of time thereby denying the court jurisdiction to entertain the matter.
Gemade, in suit no. FHC/MKD/CS/55/22 asked amongst other prayers, that INEC should be barred from recognizing the candidature of Rev. Fr. Hyacinth Alia on the grounds that the elections were not conducted in accordance with the laid down laws for the conduct of such primaries. He said that evidence available before the court have shown clearly that the petitioner was in breach of section 285 (9) of the EA 2022 as amended by filing his case out of the mandatory 14 days required by law for pre-election matters.
On the issue of locus standi, the court agreed with the plaintiff, declaring that Gemade has shown enough reasons why his suit should be heard. Justice Abdul Dogo said for the purpose of appeal, he decided to proceed to examine the claims by the plaintiff in his substantive suit and concluded that the documents and evidence relied upon by Gemade were worthless and hear say evidence. The judge further held that Gemade has failed woefully in proving his case as it is settled position that he who alleges must prove. The judge said the substantive suit also lacks in merit.